Jones Act FAQs

FAQ #1: “What is the Jones Act?”
This Act is a federal law that provides benefits for employees injured on Seagoing vessels in Navigable waters and Offshore rigs that aren’t permanently fixed to the ocean floor.

FAQ #2: “Can an injured worker that works on an oil platform recover benefits under the maritime & Jones act workers claim?”
Yes, this depends on the type of platform and whether the employee was working on a site normally used for maritime purposes.

FAQ #3: “Can a painter, sandblaster or welder, file a Jones Act claim?”
If he can show that he falls under seaman status, then yes.

FAQ #4: “Who is considered a seaman?”
If there is evidence that the injured workman was assigned to a vessel, including moveable platforms, or performed a substantial part of his work on a vessel or moveable platform; Or contributed to the function of the vessel, the accomplishment of its mission, or the operation or welfare of the vessel in terms of the maintenance during its movement or anchorage.

FAQ#5: “I work on an oil production platform can I qualify for Maritime compensation under the Jones Act?
Possibly so. In order to qualify for benefits under the statute, the employee must work on a site normally used, but not exclusively used, for maritime purposes.

FAQ#6: “How long do I have to file my claim, under the Jones Act?”
Generally, the Statute of limitations for filing a Jones act claim is 3 years from the date of injury.

FAQ#7: “What is Maintenance?”
Maintenance under the Jones Act means a daily compensation to cover costs of basic, food, shelter that the Seaman would have received aboard the vessel while on duty.

FAQ#8: “What if I contributed to my injury?”
When a defendant alleges that a seaman contributed to his own injury, the burden of proof rests with that defendant. A seaman only has a slight duty to exercise care in protecting himself while working.

FAQ #9: “After I was injured, my employer demanded that I give a recorded statement and asked me to sign something before sending me to the doctor. What should I do?”
The bottom line is that your employer’s interests are different from yours.” If something your employer or his insurance company does feels wrong, then it probably is. Contact an experienced Maritime lawyer.

FAQ# 10: “After an offshore injury, am I required to see only the company-approved doctors?”
No injured workers are not required to see only company approved doctors. You are free to select a doctor of your choice. In some cases, company doctors will try and force you back to work before you are ready and even avoid performing necessary tests that may reveal the true extent of an injury.